DWI and DUI
New Jersey DWI Case – ALCOTEST Results, Physical Condition and Officer Testimony: Honesty and Officer Credibility
State v. Kuropchack: On March 18, 2013 the New Jersey Appellate Division issued its opinion in this case. Defendant Julie Kuropchak was convicted in the Garfield Municipal Court of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Following a trial de novo in the Law Division, she was again found guilty. As a third time offender, defendant was…
Read MoreTelephonic Requests for Search Warrants for Blood Tests in Driving While Intoxicated (DWI) Cases
On April 17, 2013 I wrote about the recent US Supreme Court’s Opinion in McNeeley vs. Missouri where the Court found that dissipation of blood alcohol no longer constituted exigent circumstances as a means to bypass the ‘warrant requirement ‘ prior to a blood draw at a hospital. The Court further ruled that each case…
Read MoreNew Jersey Law Would Require Blood Testing For Drugs, Without Probable Cause, After Fatal Accidents
Originally published here, by Mary Pat Gallagher – New Jersey Law Journal A bill in the New Jersey Legislature would subject drivers involved in fatal accidents to mandatory blood testing for drugs, without the need of police to show probable cause. Current N.J. law deems drivers to have given their consent to provide blood samples…
Read MoreAlcotester 7110 Ruled Scientifically Reliable
The Supreme Court of New Jersey has denied defense attorney’s efforts to invalidate the ALCOTESTER 7110 breath test machine used by all police departments in New Jersey. Today the Court issued an Order stating that the 7110 machine remains scientifically reliable’ ruling that defendants failed to demonstrate that the State “willfully refused” to comply with…
Read MoreThe New Jersey Alcotest and Women Over 60 Years Old
Determining the suitability of the Alcotest in New Jersey and its efficacy in determining blood alcohol content (BAC) in driving under the influence. Submitted by Jeffrey Hark, New Jersey DWI lawyer. STATE OF NEW JERSEY, Plaintiff, v. JANE H. CHUN, ET AL., Defendants This Court having previously issued its unanimous opinion addressing the challenges raised…
Read MoreNew Jersey's New Conditional Dismissal Law A-3598
Originally published by the New Jersey State Legislature (Bill A-3598) here. Republished by Jeffery Hark To download the official document in PDF form, click here. ASSEMBLY, No. 3598 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED DECEMBER 13, 2012 Sponsored by: Assemblyman REED GUSCIORA District 15 (Hunterdon and Mercer) Assemblyman JON M. BRAMNICK District 21 (Morris,…
Read MoreOperating a Motor Vehicle Following a DWI Conviction: State v. Chauhan, A-2583-12T4
On July 16, 2013 the Appellate Division reversed an order granting defendant, Vijay Chauhan, entry into the Atlantic County Pre-Trial Intervention (PTI) Program. On November 18, 2011, the Egg Harbor Township police stopped the defendant’s vehicle after a random license plate inquiry revealed a possible hit. When the vehicle stopped, the male driver jumped into…
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